Northern Territory Electoral Regulations (Cth)
STATUTORY RULES.
REGULATIONS UNDER THE NORTHERN TERRITORY REPRESENTATION ACT 1922-1925 AND THE COMMONWEALTH ELECTORAL ACT 1918-1925.
I, THE GOVERNOR-GENERAL in
and over the Commonwealth of Australia, acting with the advice of the Federal
Executive Council, hereby make the following Regulations under the
Dated this twenty-second day of December, 1926.
STONEHAVEN,
Governor-General.
By His Excellency’s Command,
T. W. GLASGOW,
Minister of State for Home and Territories.
NORTHERN TERRITORY ELECTORAL REGULATIONS.
Part I.—Preliminary.
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C.15415.—Price 1s. 3d.
Part X.—The Scrutiny.
Division 1.—General Provisions.
Division 2.—Provisions relating to the Scrutiny of Ballot-papers in Form 17.
Division 3.—Provisions relating to the Scrutiny of Postal Votes.
Division 4.—Scrutiny of votes recorded under regulations 72, 78, 78a and 90.
Division 5.—Mode of determining the result of the Scrutiny.
Division 6.—Recount of Ballot-papers.
Part XI.—Return of the Writ.
Part XII.—Miscellaneous.
“Election” means an election of a member of the House of Representatives for the Northern Territory;
“Returning Officer” means the Returning Officer for the Northern Territory and includes an Assistant Returning Officer;
“The Chief Electoral Officer” means the Chief Electoral Officer for the Commonwealth;
“The Commonwealth Electoral Act” means the
Commonwealth Electoral Act 1918-1925, as amended from time to time;“The Territory” means the Northern Territory.
Any reference to a form shall be read as a reference to a form in the First Schedule.
Part II.—Administration.
(2) Where the services of an Assistant Returning Officer are required for the purpose of an election only, the appointment may be made by the Chief Electoral Officer, and in such case shall terminate upon the completion of the election.
(2) Any such appointment shall be temporary only, and shall not confer on the appointee any right or claim to be permanently appointed to the position.
Part III.—Subdivisions and Polling Places.
(2) When the Territory is divided into Subdivisions or the boundaries of a Subdivision are altered, or a new Subdivision is proclaimed, such changes as are thereby rendered necessary for the transfer of the names of electors from one Roll to another Roll shall be made by removing the names of those electors from the Roll from which they are changed, and by inserting the names so removed on the Roll to which they are changed.
(3) Notice of the change of electors from one Roll to another pursuant to this regulation shall be sent by post to each elector concerned by the Electoral Registrar for the subdivision to which the elector’s name has been changed.
(2) The polling places for a Subdivision shall be
those polling places which are declared by the Minister by
Part IV.—Electoral Rolls.
(2) There shall be a separate Roll for each Subdivision of the Territory, which may be in accordance with Form 1, and shall contain the particulars indicated therein.
(3) All the Subdivision Rolls shall together form the Roll for the Territory.
(2) Supplemental Rolls, setting out additions since the Rolls were last printed or typewritten, shall be prepared, and wherever practicable printed or typewritten, immediately previous to an election, and at such other times as the Minister directs.
(2) The Roll kept by a Registrar shall be open for public inspection without fee at the office of the Registrar at all convenient times during his ordinary office hours.
For Territory. | For a Subdivision. | ||
| 1 0 | .. | 0 6 |
| 0 6 | .. | 0 3 |
Part V.—Qualifications and Disqualifications for Enrolment and for Voting.
(
a ) who have lived in Australia for six months continuously, and(
b ) who are natural-born or naturalized subjects of the King, shall be entitled to enrolment subject to the provisions of Part VI. of these Regulations.
(
a ) he is so entitled under section forty-one of the Constitution*;(
b ) he is a native of British India; or(
c ) he is a person to whom a certificate of naturalization has been issued under a law of the Commonwealth or of a State and that certificate is still in force, or is a person who obtained British nationality by virtue of the issue of any such certificate.
Part VI.—Enrolment.
* See section 41 of the Constitution:—
41. No adult person who has or acquires a right to vote at elections for the more numerous House of the Parliament of a State shall while the right continues be prevented by any law of the Commonwealth from voting at elections for either House of the Parliament of the Commonwealth.
(2) The form of claim for enrolment or transfer of enrolment, or notification of change of address within a Subdivision of the Territory by a person qualified for enrolment, may be in accordance with Form 2, and shall be signed by the claimant with his personal signature, and attested by an elector or person qualified to be an elector of the Territory who shall sign his name as witness in his own handwriting.
(3) Any person applying for correction of the entry on the Roll of his name or particulars of enrolment may apply in accordance with Form 2, or in such other form signed by the applicant, as the Registrar approves.
(2) Any elector whose name is on the Roll for any Subdivision of a Commonwealth Electoral Division or of the Territory and who lives in any other Subdivision, and has so lived for a period of one month last past, shall be entitled to have his name transferred to the Roll for the Subdivision in which he lives.
(3) No person is entitled to have his name placed on more than one Roll or upon any Roll other than the Roll for the Subdivision in which he lives.
(4) The validity of any enrolment shall not in any case be questioned on the ground that the person enrolled has not in fact lived in the Subdivision for a period of one month.
(2) Every person who is entitled to have his name placed on the Roll for a Subdivision of the Territory whether by way of enrolment or transfer of enrolment, and whose name is not on the Roll upon the expiration of twenty-one days from the date upon which he became so entitled, or at any subsequent date while he continues to be so entitled, shall be guilty of an offence unless he proves that his non-enrolment is not in consequence of his failure to send or deliver to the Registrar for the Subdivision for which he is entitled to be enrolled, a claim in Form 2 duly filled in and signed in accordance with the directions printed thereon.
Penalty: For a first offence, Ten shillings; and for any subsequent offence, Two pounds.
(3) Every person who changes his place of living from one address in a Subdivision of the Territory for which he is enrolled to another address in the Subdivision, and who, at any time after the expiration of twenty-one days from the date of making the change, has failed to notify the Registrar for the Subdivision in Form 2 of the new address, shall be guilty of an offence.
Penalty: For a first offence, Ten shillings; and for every subsequent offence, Two pounds.
C.15415.—2
him of such failure in accordance with Form 8, and inform him that he may reply by declaration made and signed before any person who is an authorized witness for the purpose of voting by post under these Regulations, setting out any facts relevant to the matter, and that he has the option of having the matter dealt with either by the Returning Officer or by a Court of Summary Jurisdiction.
(2) Any penalty imposed by the Returning Officer in pursuance of this regulation shall be a debt due to the Commonwealth, and in default of payment within the time allowed, may be recovered in accordance with the provisions of regulation 31 of these Regulations.
(3) The Chief Electoral Officer may review any order made by a Returning Officer in pursuance of this regulation, and may, if he is of opinion that the circumstances justify such action, remit the penalty imposed by the order.
(2) Subject to these Regulations, all laws of the Territory relating to the enforcement of Orders of Courts of Summary Jurisdiction in force in the place where the Court in which the Order is filed is situated shall, to the extent to which they are applicable, apply to all matters relating or incidental to, or in connexion with, the enforcement of the penalty specified in the Order so filed and to any process for the enforcement.
(3) On the application of the Returning Officer any Justice of the Peace having jurisdiction in the Territory may issue a warrant of execution, or other applicable process, for the purpose of the enforcement of the Order so filed.
(4) A warrant of execution or other applicable process may be in accordance with any form of warrant of execution or distress or other process applicable to the circumstances under any law in force in the Territory.
(5) Any form of warrant of execution, or other process, whether provided by these Regulations or by the law of the Territory may be varied according to the circumstances of the case, and no warrant of execution, or other process, shall be held to be invalid by reason of want of form.
(2) If, in any case in which proceedings are instituted in a Court of Summary Jurisdiction, the Registrar has received from the person concerned a declaration in pursuance of regulation 26 of these Regulations he shall, as far as it is practicable and necessary for him to do so, inquire into the truth of the statements therein set out, and shall, unless he withdraws the prosecution, cause the declaration to be brought to the notice of the Court.
(3) The Court shall at the hearing of the case consider the declaration (whether the defendant is present or not) as if the matter therein set out had been given in evidence before it.
(2) Where a declaration has been lodged as provided by this regulation and the prosecuting officer is not present at the hearing, the Court shall proceed with the hearing and determination of the case in his absence, and shall consider the declaration as if the matter set out therein had been given in evidence before it.
(3) For the purposes of this regulation any document purporting to be a declaration shall be accepted as such by the Court without proof of the signatures thereon or proof of the authority of the person before whom it purports to have been made to take declarations.
(i) enter on the Roll kept by him the name of the claimant and the particulars relating to him or alter or correct the particulars of his enrolment, as the case requires; and
(ii) in the case of an enrolment or a transfer of enrolment, notify the claimant in accordance with Form 3 that he has been enrolled; and
(iii) in the case of a transfer of enrolment give notice of the transfer to the Registrar keeping the Subdivision Roll from which the elector’s name has been transferred.
(2) An interim acknowledgment of the receipt, after the issue of the Writ for an election, and before the close of the polling at the election, of a claim for enrolment, or transfer of enrolment, may be issued to the elector by the Registrar, in the form authorized by the Chief Electoral Officer.
(3) The Registrar keeping a Subdivision Roll from which an elector’s name has been transferred, shall upon receipt of a notice of the transfer in accordance with Form 4, remove the elector’s name from the Roll kept by him.
(
a ) refer the claim, with such observations as he thinks proper, to the Returning Officer for his decision; and(
b ) send to the claimant a notification in accordance with Form 5 that the claim has been so referred.
(2) After the Returning Officer has made such inquiry as may be necessary to enable him to decide the claim, he shall forthwith return the claim to the Registrar, and notify the Registrar of his decision, and, if he decides to reject the claim, the reason for such decision.
(3) If the Returning Officer decides that the claimant is entitled to enrolment pursuant to the claim, the Registrar shall forthwith enrol the claimant, and send to him a notification in accordance with Form 3 that he has been so enrolled.
(4) If the Returning Officer decides that the claimant is not entitled to enrolment pursuant to the claim, the Registrar shall forthwith send to the claimant a notification in accordance with Form 6 that his claim has been rejected, specify the reason for the objection, and advise the claimant that he is entitled, at any time within one calendar month after the receipt of the notification, to appeal to a Court of Summary Jurisdiction for an order directing that his name be added to the Roll.
(
a ) return the claim to him for completion or correction; or(
b ) furnish him with a fresh form of claim for completion.
(
a ) claims for enrolment or transfer of enrolment which are received by a Registrar after six o’clock in the afternoon of the day of the issue of the Writ for an election shall not be registered until after the close of the polling at the election; and(
b ) except by direction of the Returning Officer no name shall be removed from a Roll pursuant to a notification of transfer of enrolment received by a Registrar after six o’clock in the afternoon of the day of the issue of the Writ for an election and before the close of the polling at the election.
Penalty: Ten pounds.
(
a ) correcting any mistake or omission in the particulars of the enrolment of an elector;(
b ) altering, on the written application of an elector, the original name, address, or occupation of the elector on the same Subdivision Roll;(
c ) removing the name of any deceased elector;(
d ) striking out the superfluous entry where the name of the same elector appears more than once on the same Subdivision Roll;(
e ) reinstating any name removed by mistake as the name of a deceased elector;(
f ) reinstating, by direction of the Returning Officer, any name removed as the result of an objection:Provided that the Returning Officer shall not direct the reinstatement of any such name unless he is satisfied that the objection was based on a mistake as to fact and that the person objected to still retains and has continuously retained his right to the enrolment in respect of which the objection was made;
(
g ) reinstating by direction of the Returning Officer any other name removed by mistake; and(
h ) removing a name from the Roll by direction of the Returning Officer where the Returning Officer is satisfied that the elector has ceased to be qualified for enrolment on that Roll and has secured enrolment on the Roll for another Subdivision of the Territory or for a Subdivision of a Commonwealth Electoral Division:Provided that where a Registrar removes any such name he shall send by post to the elector whose name is so removed notice of the fact.
(2) Where the name of an elector has, pursuant to a claim, been incorrectly placed on the Roll for a Subdivision other than the Subdivision in which he was living at the date of the claim, and the elector was entitled on that date to have his name placed on the Roll for the Subdivision in which he was living, the Returning Officer may—
(
a ) direct the Registrar keeping the Roll on which the elector is entitled to be enrolled to place the name on that Roll and to notify the elector of the change of enrolment; and(
b ) direct the Registrar keeping the Roll on which the elector is not entitled to be enrolled to remove the name from that Roll.
(3) No alteration pursuant to this regulation shall without the authority of the Returning Officer be made at any time after six o’clock in the afternoon of the day of the issue of the Writ for an election and before the close of the polling at the election.
(
a ) a list of the names, addresses, occupations, ages, and sexes and dates of death of all persons of the age of twenty-one years or upwards whose deaths have been registered during the preceding month in the Territory;(
b ) particulars of all marriages of women of the age of twenty-one years or upwards which have been registered in the Territory during the preceding month.
Part VII.—Objections and Appeals.
(2) The notice of objection lodged by a Registrar in respect of a name on a Roll and the direction of the Returning Officer may be in accordance with Form 12.
(
a ) by attending before the Returning Officer at the place mentioned in the notice sent by the Returning Officer to him and making an oral statement to show that the objection is not good; or(
b ) by sending by post or delivering to the Returning Officer at his office a statement in writing to show that the objection is not good.
(2) The Returning Officer shall determine the objection forthwith on receipt of the answer of the person objected to, or if no answer is received within a period of twenty days after the posting of the notice, then after the expiration of that period:
Provided that in any case in which, owing to the means of communication, it is impossible for an answer to be received within a period of twenty days after the posting of the notice, the Returning Officer may extend the time for the receipt of the answer for such period as he considers necessary.
(2) Where an objector is a Registrar, notice of the decision on the objection may be sent to him in accordance with the indorsement on Form 12, and such notice may contain a direction for the removal of an elector’s name from the Roll when an objection has been sustained.
(2) Upon the complaint being lodged with him, the Clerk of the Court shall issue a summons to the Returning Officer to appear before the Court at a time and place mentioned in the summons to answer the complaint and produce all papers connected with the claim for enrolment or transfer of enrolment, or the objection, as the case requires.
(3) The Returning Officer may, by himself or some person appointed to represent him, appear at the hearing and produce to the Court all papers connected with the claim for enrolment or transfer of enrolment, or the objection, as the case requires, but, if he does not desire to appear, he may send the papers to the clerk, to be produced at the hearing, together with a statement in writing containing such observations as he sees fit to make, and any such statement shall be considered by the Court at the hearing.
(4) The Returning Officer, if present at the hearing, or the person representing him, shall be entitled to be heard.
Part VIII—Writ for Election, and Nominations.
(
a ) the nomination,(
b ) the polling, and(
c ) the return of the Writ.
(2) For the purposes of these Regulations a Writ shall be deemed to have been issued at the hour of six o’clock in the afternoon of the day on which the Writ was issued.
(3) The Writ shall be addressed to the Returning Officer and may be issued through the Chief Electoral Officer.
(4) The Chief Electoral Officer may advise the Returning Officer by telegram of the issue of the Writ and the particulars thereof, and for the purposes of this regulation the Returning Officer may act on such advice as if the Writ had been received by him.
(5) On the receipt of the Writ the Returning Officer shall indorse thereon the date of its receipt, and shall advertise its receipt and particulars in not less than two newspapers circulating in the Territory.
(6) The date fixed for the nomination of the candidates shall be not less than seven nor more than thirty days after the date of the Writ.
(7) The date fixed for the polling shall be not less than seven nor more than fifty days after the date of nomination.
(8) The date for the return of the Writ shall be the date fixed for that purpose by the Governor-General.
(
a ) name the candidate, his place of residence, and occupation; and(
b ) be signed by not less than six persons entitled to vote at the election.
(2) The place of nomination shall be the office of the Returning Officer at Darwin.
(3) The nominations of persons living in the Subdivisions of Batchelor or Alice Springs may be lodged (not less than twenty-four hours before the hour fixed for the nomination) with an Assistant Returning Officer or any postmaster thereto authorized by the Returning Officer. If a nomination is lodged with an Assistant Returning Officer or an authorized postmaster that officer shall forthwith telegraph the deposit and particulars of the nomination to the Returning Officer at Darwin. A nomination will not be valid unless it, or the telegraphic particulars of it, reaches the Returning Officer at Darwin before the hour fixed for the nomination.
Part IX.—The Polling.
(
a ) appoint a presiding officer to preside at each polling place, and all necessary assistant presiding officers and poll clerks;(
b ) provide and furnish proper polling booths and ballot-boxes; and(
c ) provide ballot-papers and all necessary certified lists of voters.
(2) No person under the age of twenty-one years shall be appointed to be a presiding officer or assistant presiding officer.
(3) Any assistant presiding officer may, subject to the direction of the presiding officer, exercise all or any of the powers of the presiding officer, and shall, in respect of the exercise of those powers, be deemed to be the presiding officer.
(2) Each ballot-box shall have a cleft in the cover through which the ballot-papers may be deposited in the ballot-box, and shall be provided with means for securely closing the cleft. The ballot-box shall also be capable of being securely fastened by means of a lock.
(
a ) the names of all candidates duly nominated shall be printed in alphabetical order according to their surnames;(
b ) if there are two or more candidates of the same surname, their names shall be printed according to the alphabetical order of their christian names, or, if their christian names are the same, then according to the alphabetical order of their residences, which shall in such case be arranged and stated on the ballot-paper;(
c ) where similarity in the names of two or more candidates is likely to cause confusion, the names of such candidates may be arranged with such description or addition as will distinguish them one from another; and(
d ) except as otherwise provided by the regulations, a square shall be printed opposite the name of each candidate.
(2) Appointments of scrutineers shall be made by notice in writing or by telegram addressed to the Returning Officer or presiding officer,and such notice or telegram shall be signed by the candidate, and shall give the name and address of the scrutineer.
(
a ) interfere with or attempt to influence any elector within the polling booth; or(
b ) communicate with any person in the polling booth except sofar as is necessary in the discharge of his functions.
Penalty: Five pounds.
(2) A scrutineer shall not be prevented from entering or leaving a polling booth during the polling, and, during his absence, a relieving scrutineer may act in his place, but so that only one scrutineer for each candidate shall be entitled to be present in the polling booth or subdivision of the polling booth at any one time.
(3) A scrutineer who commits any breach of this section, or who misconducts himself, or who fails to obey the lawful directions of the presiding officer, may be removed from the polling booth by any constable or person authorized by the presiding officer to remove him.
C.15415.—3
(
a ) Before any vote is taken the presiding officer shall exhibit the ballot-box empty, and shall then securely fasten its cover;(
b ) The poll shall open at eight o’clock in the morning, and shall not close until all electors present in the polling booth at eight o’clock in the evening, and desiring to vote, have voted;(
c ) The doors of the polling booth shall be closed at eight o’clock in the evening, and no person shall be admitted after that hour to the polling booth for the purpose of voting;(
d ) At the close of the poll the presiding officer shall, in the presence of the poll clerk and of any scrutineers who may be in attendance, publicly close, fasten, seal, and take charge of the ballot-box, and with the least possible delay forward it for the purposes of scrutiny, and it shall on no account be opened except as allowed by these Regulations.
(2) The electoral Rolls in force at the time of the election shall be conclusive evidence of the right of each person enrolled thereon to vote as an elector, unless he shows by his answers to the questions prescribed by regulation 72 of these Regulations that he is not entitled to vote.
(2) An elector whose name is enrolled for a Subdivision for which no polling place is prescribed may vote by post in accordance with the provisions of Division 2 of this part of these Regulations.
(
a ) shall put to every person claiming to vote the following questions:—(i) Have you already voted either here or elsewhere at this election?
(ii) Is your real place of living within the Northern Territory? and
(
b ) may, and, at the request of any scrutineer shall, also put all or any of the following questions:—(i) Are you the person whose name appears as (here state name under which the person claims to vote) on the certified list of voters for this polling place?
(ii) Are you of the full age of twenty-one years?
(iii) Are you a natural-born or naturalized subject of the King?
(iv) Are you qualified to vote?
(2) If any person refuses to answer fully any question put to him by the presiding officer under the authority of this regulation his claim to vote shall be rejected.
(3) If from the answers of a person to the questions put to him by the presiding officer under this regulation, the presiding officer is of opinion that that person is not entitled to vote, the presiding officer shall inform him that in his opinion his claim to vote should be rejected, and shall thereupon reject his claim to vote, unless that person alleges that his claim to vote should not be rejected, and states the grounds of his allegation, and makes a declaration in accordance with Form 18 before the presiding officer as to the grounds of his allegation.
(4) Where a person is permitted to vote under the provisions of the last preceding sub-regulation he shall mark and fold his ballot-paper in the manner indicated on the ballot-paper and return it so folded to the presiding officer.
(5) The presiding officer shall thereupon, in the presence of the voter and of such scrutineers as are present, and without unfolding the ballot-paper, enclose it in an envelope bearing the declaration of the voter as to his claim to vote and thereafter the same procedure shall be followed in relation to the envelope and ballot-paper as is provided by these Regulations in relation to persons voting by post.
(6) The voter’s answer to any question put to him by the presiding officer under the authority of this regulation shall be conclusive, and the matter shall not be further inquired into during the polling.
(
a ) if the name under which he claims to vote is on the certified list of voters for the polling place and his right to vote is not challenged; or(
b ) if the name under which he claims to vote is on the certified list of voters for the polling place and his right to vote is challenged, and his answers to the prescribed questions show that he is entitled to vote.
(2) The presiding officer, at the request of a scrutineer, shall note any objection by the scrutineer to the right of any person to vote, and shall keep a record thereof.
(3) If the presiding officer puts to any person all or any of the prescribed questions, his right to vote shall be deemed to have been challenged.
(
a ) retire alone to some unoccupied compartment of the booth, and there, in private, mark his vote on the ballot-paper in the manner hereinafter described;(
b ) fold the ballot-paper so as to conceal his vote and to show clearly the initials of the presiding officer, and exhibit it so folded to the presiding officer, and then forthwith openly, and without unfolding it, deposit it in the ballot-box ; and(
c ) quit the booth.
(
a ) the poll clerk, or(
b ) if the voter so desires, in the presence of a person appointed by such voter, instead of the poll clerk,
shall mark, fold, and deposit his ballot-paper for him.
(
a ) in the case of a person whose name has been omitted from the certified list—(i) he sent or delivered to the Registrar for the Subdivision a duly completed claim for enrolment or transfer of enrolment, as the case requires, in respect of the Subdivision, and the claim was received by the Registrar before the issue of the Writ for the election; and
(ii) he did not after sending or delivering the claim and before the issue of the Writ become qualified for transfer of enrolment to another Subdivision; or
(
b ) in the case of a person whose name has been struck out of the certified list—(i) his name was not, to the best of his knowledge, removed from the Roll for the Subdivision owing to objection, or transfer or duplication of enrolment, or disqualification; and
(ii) he had, from the time of his enrolment for the Subdivision to the date of the issue of the Writ for the election, continuously retained his right to enrolment for that Subdivision,
and makes a declaration in Form 19 before the presiding officer at the polling place.
(2) Where a voter claims to vote under the provisions of this regulation, he shall mark and fold his ballot-paper in the manner prescribed in these Regulations and return it so folded to the presiding officer.
(3) The presiding officer shall thereupon, in the presence of the voter and of such scrutineers as are present, and without unfolding the ballot-paper, enclose it in an envelope bearing the declaration of the voter and addressed to the Returning Officer, and shall forthwith securely fasten the envelope and deposit it in the ballot-box.
(4) The Returning Officer, on receipt of the
envelope containing the ballot-paper as aforesaid, shall, before opening the
envelope or allowing any other person to do so, examine the declaration of the
voter, and, if it is in order and he is satisfied, after making such inquiry as
may be necessary, that the voter is a person to whom paragraph (
(5) Where the claim of any person to vote under this regulation is refused the presiding officer shall make a note in writing of the fact of the claim and the reasons for the refusal thereof, and the presiding officer and a poll clerk shall sign the note in the presence of such scrutineers as are present. Any of those scrutineers may also sign the note.
(2) The ballot-paper of a voter voting under this regulation shall be dealt with in the manner prescribed in sub-regulations (2), (3), and (4) of the last preceding regulation.
(
a ) who are enrolled for the Subdivision for which the polling place is prescribed, or(
b ) who are by virtue of regulation 78 of these Regulations entitled to vote as electors for that Subdivision, and who have not already voted, shall be entitled to vote at the adjourned polling at that polling place.
(
a ) all electors whose names are enrolled on the electoral Roll for a Subdivision for which no polling place is prescribed; and(
b ) any elector whose name is enrolled on the electoral Roll for a Subdivision for which a polling place is prescribed, who—(i) will not throughout the hours of polling on polling day be within the Subdivision, or
(ii) is seriously ill or infirm and by reason of such illness or infirmity will be precluded from attending at a polling booth to vote, or in the case of a woman, will, by approaching maternity, be precluded from attending at a polling booth to vote,
shall be entitled to vote by post after the date fixed for the receipt of nominations for an election and not later than eight o’clock in the evening of the day fixed for the close of the polling.
(2) It shall be the duty of the Returning Officer or the Assistant Returning Officer, as the case requires, as soon as practicable after the hour fixed for the receipt of nominations of candidates in an election to send by post to each elector whose name appears on the Roll for a Subdivision for which no polling place has been prescribed a postal vote certificate and form of declaration and a postal ballot-paper.
(2) The application shall state the place which will be the place of living of the applicant elector at the time when a postal vote certificate and form of declaration and postal ballot paper would in the ordinary course of post be delivered to him;
Provided that the application shall not be deemed to have been duly made unless it reaches the Returning Officer or Assistant Returning Officer or Commonwealth Electoral Officer, as the case requires, before six o’clock in the afternoon of the day immediately preceding the polling day for the election.
(3) Upon receipt of an application for a postal vote certificate and form of declaration and a postal ballot-paper the Returning Officer, Assistant Returning Officer, or Commonwealth Electoral Officer, as the case requires, if satisfied that the application is duly signed by the applicant elector and is properly witnessed, shall deliver or post to the elector a postal vote certificate and form
of declaration in accordance with Form 21 printed on an envelope addressed to the Returning Officer or the Assistant Returning Officer for the Subdivision of Alice Springs, as the case requires, and a postal ballot-paper in accordance with Form 22.
(2) Where an application is so forwarded to the Returning Officer or the Assistant Returning Officer at Alice Springs, the Returning Officer or Assistant Returning Officer, as the case requires, shall advise the Returning Officer or Assistant Returning Officer at Alice Springs, as the case requires, by telegram, of the issue of the postal vote certificate and form of declaration and the postal ballot-paper.
(3) Where an application is received pursuant to regulation 88 of these Regulations by a Commonwealth Electoral Officer and a postal vote certificate and form of declaration and a postal ballot-paper is issued in respect of such application the Commonwealth Electoral Officer shall forthwith—
(
a ) number the application and forward it by post to the Returning Officer, or the Assistant Returning Officer for the Subdivision of Alice Springs, as the case requires; and(
b ) advise the Returning Officer, or the Assistant Returning Officer, as the case requires, by telegram, of the issue of the postal vote certificate and form of declaration and the postal ballot-paper.
(2) An elector to whom a postal vote certificate and form of declaration and a postal ballot-paper have been issued pursuant to an application shall not be entitled to vote at a polling booth unless he first delivers to the presiding officer for cancellation his postal vote certificate and postal ballot-paper:
(3) Notwithstanding anything contained in the last preceding regulation where a person whose name has been noted on a certified list of voters used at a polling place as an elector to whom a postal vote certificate and form of declaration and a postal ballot-paper have been issued claims to vote at that polling place, and states, when requested to deliver to the presiding officer for cancellation his postal vote certificate and postal ballot-paper, that he neither applied for, nor received, a postal vote certificate or postal ballot-paper, he may, subject to regulation 72 of these Regulations, be permitted to vote if he signs and makes a declaration in accordance with Form 18 before the presiding officer at the polling place.
(2) The names shall be arranged in the ballot-papers in the order prescribed in regulation 63.
(3) Before issuing a postal ballot-paper the Returning Officer, Assistant Returning Officer, or Commonwealth Electoral Officer, as the case requires, shall fill in the full names of all the candidates in the order prescribed in sub-regulation (2) of this regulation if the names are not already printed thereon.
The Returning Officer for the Territory, the Assistant Returning Officer for a Subdivision of the Territory, the Electoral Registrar for a Subdivision of the Territory; all postmasters and postmistresses or postal officials in charge of post offices and all mail contractors carrying mails in the Territory; all magistrates and justices of the peace of the Territory; all head teachers in the employment of the Territory; all officers of the Department of Trade and Customs stationed in the Territory; all members of the police force of the Territory; all legally qualified medical practitioners practising in the Territory; all officers in charge of telegraph stations in the Territory; all telegraph line repairers permanently employed in the Territory who are in charge of working parties; all railway stationmasters and night officers in charge and all permanent-way inspectors and roadmasters who are permanently employed in the railway service in the Territory; all surveyors in charge of survey camps in the Territory; all officers in charge of well-boring parties in the Territory; all managers of experimental farms in the Territory; all engineers, accountants, and timekeepers engaged on railway construction work in the Territory; all public telephone-keepers, mine managers, station managers, and station overseers, employed in the Territory; all persons in charge of mission stations and all missionaries at mission stations in the Territory; and, where an elector is in a State, all those persons who are authorized witnesses within the meaning of section 86 of the Commonwealth Electoral Act.
(2) No person who is a candidate at any election shall be an authorized witness at that election.
section 128a of the Commonwealth Electoral Act, may be prepared in separate Subdivision Lists, which may be certified in accordance with the Form 23.
(2) All the Subdivision Lists for the Territory shall together form the List of the Territory.
(2) The notice may be in accordance with Form 24.
(3) The form for the reply of the elector, which shall be filled up and signed by the elector in the presence of a witness, may be in accordance with Form 25.
(4) The witness shall be an elector or a person qualified to be an elector.
(2) Any elector to whom a notification has been sent pursuant to the last preceding sub-regulation, who desires the matter to be dealt with by the Returning Officer, and who is prepared to abide by the decision of that officer, may notify the Assistant Returning Officer in accordance with Form 27, and may deposit with the Assistant Returning Officer such sum as that officer determines, to be appropriated in payment of the penalty, if any, which the Returning Officer imposes upon him.
(3) Upon the receipt from an elector who has failed to vote—
(
a ) of a notification consenting to the matter being dealt with by the Returning Officer and to abide by the decision of that officer; and(
b ) of the deposit specified in the last preceding sub-regulation,
the Assistant Returning Officer shall transmit the notification, together with the elector’s reply stating his reason for having failed to vote and the Assistant Returning Officer’s opinion thereon, to the Returning Officer.
(2) Any penalty imposed by the Returning Officer in pursuance of this regulation shall be a debt due to the Commonwealth, and in default of payment within the time allowed, may be recovered in accordance with the provisions of regulation 101 of these Regulations.
(3) The Chief Electoral Officer may review any order made by a Returning Officer in pursuance of this regulation, and may, if he is of opinion that the circumstances justify such action, remit the penalty imposed by the order.
(
a ) if he is satisfied that there has been a contravention of paragraph (a ) of sub-section (12) of section 128a of the Commonwealth Electoral Act by an elector, and the elector has not, within the time allowed, intimated that he consents to the matter being dealt with by the Returning Officer, and deposited the sum specified in sub-regulation (2) of regulation 99 of these Regulations; or(
b ) if he is satisfied that there has been a contravention of paragraph (b ) of sub-section (12) of section 128a of the Commonwealth Electoral Act by an elector; or(
c ) if he is satisfied that there has been a contravention of paragraph (c ) of sub-section (12) of section 128a of the Commonwealth Electoral Act by an elector,
forthwith cause proceedings to be taken against the elector in a Court of summary jurisdiction.
(2) The Court shall, whether the defendant is present or not, consider the contents of the reply as if it were given in evidence before the Court.
(3) If the defendant attends the Court, and sets up a defence differing in substance from the statement contained in his reply, the Court shall, if it dismisses the information, do so without awarding the defendant the costs of his defence.
(4) A copy of this regulation shall be printed on the back of the form of summons.
Court and answer the charge in person, or may, at any time, not less than seven days before the date fixed for the hearing, lodge with or send by post to the prosecuting officer a statutory declaration setting out any matter which he desires to set out in answer to the charge, and that, unless the prosecuting officer withdraws the charge, the declaration will be sent to the Court for consideration of the matter set out therein as if it were given in evidence before the Court, subject to any evidence in reply adduced by the prosecuting officer. The notice may be printed or written on the summons or may be by separate document served therewith.
(2) Where a statutory declaration is received by the prosecuting officer, in pursuance of the last preceding sub-regulation, he shall, as far as it is practicable for him to do so, inquire into the truth of the statements therein set out, and shall, unless he withdraws the prosecution, bring the declaration to the notice of the Court.
(3) The Court shall, at the hearing of the case, consider the statutory declaration (whether the defendant is present or not) as if the matter therein set out were given in evidence before it, but if the defendant attends the Court, and sets up a defence differing in substance from the statement contained in his declaration, the Court shall, if it dismisses the prosecution, do so without awarding the defendant the costs of his defence.
(4) The Court may, in its discretion, on the application of the prosecuting officer, adjourn the hearing for any period it thinks fit, to enable that officer to answer the declaration.
(2) Where a statutory declaration and certified extract have been lodged as provided by this regulation, and the prosecuting officer is not present at the hearing, the Court shall proceed with the hearing and determination of the case in his absence and shall consider the statutory declaration and certified extract as if the matter set out therein had been given in evidence before it, and shall, notwithstanding the absence of the prosecuting officer, permit evidence to be given for the prosecution by any witness who is summoned by, or attends on behalf of, the prosecuting officer.
(3) For the purposes of this regulation any document purporting to be a statutory declaration shall be accepted as such by the Court without proof of the signature thereon or proof of the authority of the person before whom it purports to have been made to take statutory declarations.
Part X.—The Scrutiny.
(
a ) It shall commence as soon as practicable after the closing of the poll;(
b ) Such scrutineers as have been duly appointed pursuant to the last preceding regulation, and any persons approved by the officer conducting the scrutiny, may be present;(
c ) All the proceedings at the scrutiny shall be open to the inspection of the scrutineers;(
d ) The scrutiny may be adjourned from time to time as may be necessary until the counting of the votes is complete.
(2) Nothing in this regulation shall prevent the officer conducting the scrutiny from rejecting any ballot-paper as being informal although it is not objected to.
(
a ) it is not authenticated by the initials of the proper officer, or by an official mark as prescribed by these Regulations;(
b ) it has no vote indicated on it, or it does not indicate the voter’s first preference for one candidate, and in the case of any election where there are more than two candidates his contingent votes for all the remaining candidates:Provided that where there are not more than two candidates the voter’s preference for one candidate shall be deemed to be sufficiently indicated in the case of a ballot-paper marked so as to indicate the voter’s first preference only;
(
c ) it has upon it any mark or writing (not authorized by these Regulations to be put upon it) by which, in the opinion of the Returning Officer, or the Assistant Returning Officer, as the case requires, the voter can be identified:Provided that paragraph (
c ) shall not apply to any mark or writing placed upon the ballot-paper by an officer, notwithstanding that the placing of the mark or writing upon the ballot-paper is a contravention of these Regulations;(
d ) in the case of a postal vote it is not contained in the envelope bearing the postal vote certificate and the declaration of the elector.
(2) A ballot-paper shall not be informal for any reason other than the reasons specified in this regulation, but shall be given effect to according to the voter’s intention so far as his intention is clear.
Penalty: Ten pounds.
(1) The Returning Officer shall, in the presence of a presiding officer or poll clerk and of such authorized scrutineers as may attend—
(
a ) open all ballot-boxes received from all polling places;(
b ) reject all informal ballot-papers and arrange the unrejected ballot-papers under the names of the respective candidates by placing in a separate parcel all those on which a first preference is indicated for the same candidate;(
c ) count the first preference votes given for each candidate on all unrejected ballot-papers;(
d ) make out and sign a statement (which may be countersigned by a presiding officer or a poll clerk, and, if they so desire, by such scrutineers as are present) setting out the number of first preference votes given for each candidate, and the number of informal ballot-papers;(
e ) place in a separate parcel all the ballot-papers which have been rejected as informal; and(
f ) seal up the parcels and indorse on each parcel a description of the contents thereof, and permit any scrutineers present, if they so desire, to countersign the indorsement.
(2) In the absence of evidence to the contrary, the date appearing in the declaration of an elector shall be taken as the date upon which the elector’s vote was recorded.
(
a ) at such intervals as he determines, after the close of the polling, produce and open the postal voters’ ballot-box in which the envelopes containing the voters’ ballot-papers have been placed and produce unopened all envelopes containing postal votes, received within two months after polling day:Provided that the Returning Officer or Assistant Returning Officer, as the case requires, shall keep in the ballot-box sufficient envelopes containing ballot-papers to insure that all ballot-papers, when counted, shall be taken from a number sufficient to prevent the identity of voters from being disclosed;
(
b ) compare the signature of the elector on his declaration with the signature of the same elector on his claim for enrolment, kept by the Registrar, and allow the scrutineers to inspect both signatures, for which purpose the Registrar shall make the claim cards available to the Returning Officer or Assistant Returning Officer, as the case requires;(
c ) if satisfied that the voter’s signature on his declaration is that of the elector who signed the claim for enrolment and that the signature purports to be witnessed by an authorized witness, accept the ballot-paper for further scrutiny, and place a mark against the name of the elector on a certified copy of the Roll to be used by him for the purpose of the scrutiny, but if not so satisfied, disallow the ballot-paper without opening the envelope in which it is contained;(
d ) place in one parcel the unopened envelopes bearing the duly signed and attested declarations of those persons whose ballot-papers have been accepted for further scrutiny;(
e ) place in another parcel the unopened envelopes bearing the declarations of those persons whose ballot-papers he has disallowed, fasten, and seal the parcel, indorse thereon the words “Postal voters’ ballot-papers rejected at the preliminary scrutiny”, and add the words “Northern Territory”, the name of the Subdivision, his signature, and the date;(
f ) place the envelopes containing the ballot-papers which he has decided to accept for further scrutiny before him on a table in such a manner that the address side of each envelope shall be visible;(
g ) number each envelope consecutively from one upwards in the top right-hand corner until the whole of the envelopes have been dealt with, and initial each number;(
h ) without further examining the certificate or declaration of any voter or permitting any other person to do so, withdraw from the envelope each ballot-paper contained therein, and, without inspecting or unfolding such ballot-paper, or allowing any other person to do so, place thereon a number corresponding with that placed on the envelope from which the ballot-paper has been withdrawn, initial the number, and forthwith deposit the folded ballot-paper in a locked and sealed ballot-box for further scrutiny;(
i ) place the envelopes in a parcel, indorsed with the words “Envelopes bearing postal voters’ declarations from which ballot-papers have been withdrawn for further scrutiny”, fasten and seal the parcel, add the words “Northern Territory”, the name of the Subdivision, his signature, and the date; and(
j ) transmit the parcel to the Commonwealth Auditor at Darwin.
take similar action to that set out in
sub-paragraphs (
(2) The Assistant Returning Officer shall, after each examination of postal ballot-papers and counting of the first preference votes thereon, inform, by telegram, the Returning Officer of the total number of first preference votes given for each candidate on all ballot-papers scrutinized by him to that date and the total number of informal votes.
(2) The candidate who has received the largest number of first preference votes shall, if that number constitutes an absolute majority of votes, be elected.
(3) If no candidate has received an absolute majority of first preference votes a second count shall be made. For the purpose of the second count the Returning Officer shall notify the Assistant Returning Officers of the name of the candidate who has received the fewest first preference votes.
(4) On the second count the sealed parcels of ballot-papers may be opened by the Returning Officer or the Assistant Returning Officer, as the case requires. The candidate who has received the fewest first preference votes shall be excluded, and each ballot-paper counted to him shall be counted to the candidate next in the order of the voter’s preference. The Assistant Returning Officer shall communicate, by telegram, the result of the count made by him, to the Returning Officer, who shall from the information so received and from the count made by him ascertain the result of the second count.
Officer, securely fasten the envelope, and deposit it in the ballot-box.
Form 19. Regulation 78.
COMMONWEALTH OF AUSTRALIA.
The Northern Territory.
Form of Declaration to be used at the Polling by a person claiming to Vote under the Provisions of Regulation 78 of the Northern Territory Electoral Regulations who declares that his Name has been omitted from, or struck out of, the Certified List of Voters for the polling place at which he claims to be entitled to vote, owing to an error of an officer, or a mistake of fact.
I, (
(
a )Name in full. (b )Address in full.
(
(
That I am entitled to be enrolled on the Electoral Roll for the...................... Subdivision of the Northern Territory;
That after becoming qualified for enrolment for such Subdivision I sent or delivered to the Registrar for the Subdivision a duly completed claim for enrolment (or transfer of enrolment), and that my claim was received by the Registrar before 6 o’clock in the afternoon of the
(
(
That from the time of sending or delivering my claim to the Registrar and up to the issue of the writ as aforesaid, I continuously retained my right to be enrolled for the Subdivision and did not become qualified for enrolment for any other Subdivision;
That to the best of my knowledge and belief my name has been struck out of, or omitted from, the Certified List of Voters for this polling place owing to an error of an officer or a mistake of fact, and not as a result of an objection on the ground of non-residence or other disqualification, or in consequence of the transfer or duplication of my enrolment.
Signed before me the................................ day of..................................... 19.........................
at........................................................ polling place.
Note.—a person making any untrue statement in this declaration is liable to a penalty of Twenty pounds.
DIRECTIONS.
1. This form of declaration must, after being filled up, be signed by the Voter with his personal signature in the presence of the Presiding Officer and then be completed and attested by the Presiding Officer.——2. The Presiding Officer shall then (subject to the provisions of Regulation 78) initial and hand to the Voter one ballot-paper (headed. “Regulation 78”) for the Election held on the date upon which this declaration is made.——3. The Voter will then forthwith—(i) retire alone to an unoccupied compartment of the polling-booth, and there, in private, mark his vote on the ballot-paper handed to him, in the manner directed thereon; (ii) fold the ballot-paper in such a manner as to conceal the vote marked thereon, and at once return the ballot-paper so folded, to the Presiding Officer before whom he made his declaration.—4. The Presiding Officer will see that he receives from the Voter the ballot-paper duly folded, and, if necessary for purposes of identification, will request the Voter to again state his name, and then, without unfolding the ballot-paper, will forthwith, in the presence of the Voter and of such Scrutineer or Scrutineers (if any) as are present, enclose the ballot-paper, received from that Voter, in the envelope bearing the declaration of the Voter and addressed to the Returning Officer, securely fasten the envelope, and deposit it in the ballot-box.
Form 20. Regulation 88 (1).
This application should be made to the Returning Officer for the Territory, or to an Assistant Returning Officer, as the case requires, or if the elector is outside the Territory to a Commonwealth Electoral Officer of a State, and sent to him, after the issue of the Writ for the election to which it relates, so as to reach him before six o’clock in the afternoon of the day immediately preceding the polling day.
|
In order that a Postal Ballot-paper issued pursuant to this application may be admitted to the scrutiny, the envelope in which it is contained must be received within two months after polling day by the Returning Officer or Assistant Returning Officer, as the case requires.
|
|
|
Application for a Postal Vote Certificate and Form of Declaration and a Postal Ballot-paper by an Elector Enrolled for the Northern Territory.
Note.—An elector enrolled for the Subdivision of Alice Springs, or Batchelor, who will not be absent from the Subdivision for which he is enrolled between the issue of the writ and polling day, is not required to send an application for a Postal Ballot-paper. It is the duty of the Returning Officer (or Assistant Returning Officer) to post the necessary documents to him to enable him to vote by post.
To the Returning Officer for the Northern Territory—*
I, (1)
hereby apply for a Postal Vote Certificate and Form of Declaration and a Postal Ballot-paper to enable me to vote by post at the next forthcoming Election of a Member of the House of Representatives for the Northern Territory.
I declare—
(1) That I am an elector enrolled on the Electoral Roll for the Subdivision of the Northern Territory.
(2) That my real place of living is in the Northern Territory.
(3) That the ground on which I apply to vote by post is—
(
a ) that I will not throughout the hours of polling on polling day be within the Subdivision for which I am enrolled;(
b ) that I am seriously ill or infirm, and by reason of such illness or infirmity will be precluded from attending at any polling booth to vote;(
c ) that I will, by approaching maternity, be precluded from attending at any polling booth to vote ;(
d ) that I will not, between the date of the issue of the writ and polling day, be within the Subdivision for which I am enrolled, under conditions that will permit of my voting in that Subdivision.Note.—The elector will strike out any of the above grounds which do not apply to his or her particular case.
(4) That my place of living at the time when the Postal Vote Certificate and Form of Declaration and the Postal Ballot-paper would be delivered in the ordinary course of post will as follows:—
........................................................................................................
........................................................................................................
........................................................................................................
An elector shall not make, and a person shall not induce an elector to make, any false statement in an application for a Postal Vote Certificate and Form of Declaration and a Postal Ballot-paper, or in the declaration contained in such application.
Penalty : Fifty pounds, or imprisonment for one month.
Form 20—
|
|
Signature of Authorized Witness | |
( | |
( | |
Address of Authorized Witness |
Dated at the day of 19 .
* If the application is made to the Assistant Returning Officer at Alice Springs or to the Commonwealth Electoral Officer of a State, the application should be altered accordingly.
The following persons are Authorized Witnesses, namely :—
[
If the application is made by an elector who, at the time of making the application, is not within the Territory, it may be witnessed by any person who is an authorized witness, as defined in Section 86 of the Commonwealth Electoral Act.
No person who is a candidate at any election shall be an authorized witness at that election.
Form 21. Regulation 92.
Commonwealth of Australia.
The Northern Territory.
The Commonwealth Electoral Act.
The Northern Territory Representation Act.
Postal Vote Certificate.
I hereby certify that of
is entitled (subject to the provisions of the Northern Territory Electoral Regulations) to vote by post in respect of an election of a Member to represent the Northern Territory in the House of Representatives of the Parliament of the Commonwealth, the Writ for which was issued on the day of 192 .
Returning Officer for the Northern Territory
or
Assistant Returning Officer for the
Subdivision of the Northern Territory.
Date / / 192 .
I declare that I am the person enrolled as—
Surname. | Christian Names at full length. | Place of Living (as appearing on roll). | Occupation. |
on the Electoral Roll for the Subdivision of the Northern Territory
That my real place of living is in the Northern Territory ; that I have not already voted in connexion with the election to which the above certificate relates and I promise and declare that if I am permitted to vote I will not again vote in connexion with the said election.
I am aware that if I falsely personate or attempt to personate any other person for the purpose of securing a ballot-paper to which I am not entitled, or for the purpose of voting at the election or wilfully make any false statement in this declaration, I will be prosecuted, and am liable to two years’ imprisonment.
Personal Signature of Elector—
Signed before me the day of 192 .
Authorized Witness—
Title under which Witness acts as Authorized Witness—
Address of Authorized Witness—
Authorized Witnesses.—The following persons are Authorized Witnesses, namely:—
[
or if the elector at the time of marking his vote is not within the Territory, any person who is an authorized witness, as defined in Section 86 of the Commonwealth Electoral Act.
Form 21—
Notes.—(1) The attention of the Voter and Authorized Witness is specially directed to the necessity of strictly observing the instructions indorsed on each postal ballot-paper, and to the fact that this envelope containing the postal ballot-paper (after having been marked by the voter), must be forthwith posted or delivered to the Returning Officer or Assistant Returning Officer to whom it is addressed, by the Voter, or by the person to whom it is intrusted by the Voter for the purpose of posting or delivery.
(2) Any person to whom an envelope containing or purporting to contain a postal ballot-paper is intrusted by a Voter for the purpose of posting or delivery to a Returning Officer or Assistant Returning Officer, and who fails to forthwith post or deliver the envelope, shall be guilty of an offence. Penalty: Fifty pounds, or imprisonment for One month.
(3) No person other than the Returning Officer or Assistant Returning Officer to whom this envelope is addressed, or an officer acting under his direction, shall open the envelope after the elector’s vote has been placed in the envelope and it has been fastened by an Authorized Witness. Penalty : Fifty pounds.
No person who is a candidate at any election shall be an authorized witness at that election.
Form 22. Regulation 93 (1).
[
The Elector should carefully read the directions for his guidance printed on this ballot-paper, and in particular note that he must not mark his vote thereon until after he has first exhibited the ballot-paper (unmarked) to the Authorized Witness.
Commonwealth of Australia.
The Northern Territory.
The Commonwealth Electoral Act.
The Northern Territory Representation Act.
Election of One Member of the House of Representatives for the Northern Territory.
Candidates.
.............................................................................................................................. |
.............................................................................................................................. |
.............................................................................................................................. |
.............................................................................................................................. |
.............................................................................................................................. |
Note.—Unless the Elector’s vote is marked on this ballot-paper on or before Polling Day, namely the day of 192 , and is received by the
Returning Officer or Assistant Returning Officer, as the case requires, within two months after that day, it will not be admitted to the scrutiny.
[See other side
Form 22—
[
(*Note.—A list of persons who are authorized witnesses is printed on the envelope bearing the form of declaration to be used by the Elector.)
(
(
(
(
(
(
(i) fill in the form of declaration with the required particulars relating to the enrolment of the elector, as requested by such elector;
(ii) read over to the elector the form of declaration ;
(iii) require the elector to sign the form of declaration—
(
a ) in his own handwriting if he is able to do so; or(
b ) with his mark as his personal signature if he is unable to sign his name in his own handwriting;(iv) cause the signature of the elector, if made by means of a mark, to be witnessed by the witness ;
(v) complete and attest the declaration;
(vi) mark and fold the ballot-paper for the elector;
(vii) enclose the ballot-paper in the envelope addressed to the Returning Officer or the Assistant Returning Officer; and
(viii) securely fasten the envelope and hand it to the voter, who shall forthwith post or deliver it, or cause it to be posted or delivered, to the Returning Officer, or the Assistant Returning Officer, as the case requires.
The authorized witness shall not, unless he is
satisfied that the elector’s sight is so impaired or that he is so physically
incapacitated or illiterate that he cannot vote without assistance, look at or
make himself acquainted with the vote given by the elector, and, except as
provided in paragraph (
Every authorized witness shall—
(
a ) comply with the preceding directions in so far as they are to be complied with on his part;(
b ) see that the preceding directions are complied with by every elector voting by post before him, and by every person present when the elector votes; and(
c ) refrain from disclosing any knowledge of the vote of any elector voting by post before him.Penalty : One hundred pounds, or imprisonment for three months.
Form 22—
[
Any person present when an elector is before an authorized witness for the purpose of voting by post shall—
(
a )obey all directions of the authorized witness;(
b ) refrain from making any communication whatever to the elector in relation to his vote;(
c ) refrain from assisting the elector or in any manner interfering with him in relation to his vote;(
d ) except as provided in paragraph (f ) of the Directions to Elector and Authorized Witness, refrain from looking at the elector’s vote or from doing anything whereby he might become acquainted with the elector’s vote.Penalty : One hundred pounds, or imprisonment for three months.
No person other than—
(
a )the elector to whom this ballot-paper has been issued; or(
b ) an authorized witness, acting in pursuance of paragraph (f ) of the Directions to Elector and Authorized Witness,
shall mark the vote on this ballot-paper.
Penalty: One hundred pounds, or imprisonment for six months.
[See other side.]
“FORM 23. Regulation 97.
Commonwealth of Australia.
The Northern Territory.
The Commonwealth Electoral Act.
The Northern Territory Representation Act.
Subdivision of
List of the Names and Descriptions of the Electors Enrolled for the above-named Subdivision who did not Vote at the Election held on............, the.................... day of ................, 19 .
I,.................., of..................,
Assistant Returning Officer for the Subdivision of..........................,
do solemnly and sincerely declare that the names on the within print of the
roll for the above-mentioned Subdivision against which a mark indicating the
electors who voted at the election has not been placed, constitute the list of
the names and descriptions of the electors enrolled for the said Subdivision
who did not vote at the election, held on ............, the..................,
and that the said list was prepared by me pursuant to sub-section (2) of
section 128a of the
And I make this solemn declaration by virtue of the
Declared at...................... the.................. day of..................................... ,19 .
,
Assistant Returning Officer for the Subdivision of
Before me—
,J.P.
“FORM 24. Regulation 98 (2).
[
Commonwealth of Australia.
The Commonwealth Electoral Act. (Section 128a (4).)
The Northern Territory Representation Act.
The Northern Territory.
Subdivision of
No. on roll
To the elector whose name and address appear on the back hereof.
You are notified that you appear to have failed to vote at the election held under the Commonwealth Electoral Act on.........., the............, and you
are hereby called upon, in pursuance of section 128a of the said Act, to give a valid, truthful, and sufficient reason why you failed so to vote.
You are required to—
(
a ) state, in the form at the foot of this notice, the true reason why you failed so to vote;(
b ) complete and personally sign the form, and have it witnessed by an elector or a person qualified to be an elector;(
c ) fold the form so that the address “Assistant Returning Officer for the Subdivision of................,” shall be visible, and post it so as to reach me on or before the*.................. ..........................;
Assistant Returning Officer for the above-named Subdivision.
Address.......................................
Date................................. ,19 .
Note.—If the elector to whom this notice is addressed is unable, by reason of absence from his place of living or physical incapacity, to fill up, sign, and post the form at the foot hereof within the time specified in the form, any other elector who has personal knowledge of the facts may fill up, sign, and post the form, duly witnessed, within that time, and the filling up, signing, and posting of the form will be treated as compliance by the first-mentioned elector with the requirements, of this notice.
* Not being less than twenty-one days after the posting of this notice.
“FORM 25. Regulation 98 (3).
Form of Declaration to be Completed and Returned to the Assistant Returning Officer.
I,................, do hereby declare that the following is the true reason why I*................ failed to vote at the election held under the Commonwealth Electoral Act, on.........., the.......... day of.............., 19 .
..................................
Personal Signature of Elector
I, the undersigned, being an elector or a person qualified to be an elector of the Northern Territory, certify that I have seen the above-named elector sign the above declaration.
Signature of witness (in own handwriting)
Occupation
Address
Date............................ , 19 .
* Where this form is filled up on behalf of an absent or physically incapacitated elector, the word “I” must be struck out, and the name of such elector inserted.
Here set out the precise and true reason for having failed to vote.
[
Commonwealth Electoral Papers Only. Post Free
M.............................................................
.......................................................................
...............................................................................
Every elector who—
(
a ) fails to vote at an election without a valid and sufficient reason for such failure; or(
b ) on receipt of a notice in accordance with sub-section (4) of section 128a of the Commonwealth Electoral Act, fails to fill up, sign, and post, within the time specified in the notice, the form (duly witnessed) attached thereto; or(
c ) states in such form a false reason for not having voted or, in the case of an elector filling up or purporting to fill up a form on behalf of any other elector, states in such form a false reason why that other elector did not vote,
is guilty of an offence and liable to a penalty not exceeding Two pounds.
Commonwealth Electoral Papers Only. Post Free.
The Assistant Returning Officer
for the Subdivision of..................................
.....................................
........................................
FORM 26. Regulation 99 (1)
[
Commonwealth of Australia.
The Commonwealth Electoral Act.
The Northern Territory Representation Act.
The Northern Territory.
Subdivision of
No. on roll
To the elector whose name and address appear on the back hereof.
You are hereby notified—
(1) that the reason given by you in your declaration dated the............19..., is not, in my opinion, a valid and sufficient reason for your failure to vote at the election held under the provisions of the Commonwealth Electoral Act, on.........., the................; and
(2) that you have the option of having the matter dealt with by the Returning Officer for the Northern Territory (thus avoiding costs of Court), or by a Court of summary jurisdiction.
If you desire to have the matter dealt with by the Returning Officer, you must fill in and sign, in the presence of a witness, the form of consent at the foot hereof, and send or deliver it to me, so as to reach me not later than the................, together with the sum of............* to be appropriated
in payment or part payment of the penalty, if any, which the Returning Officer may impose upon you.
In the event of the form and deposit not reaching me on or before the date set out in the preceding paragraph, it will be taken that you desire to have the matter dealt with by a Court of summary jurisdiction.
Assistant Returning Officer for the above-named Subdivision.
Address.......................................
Date................................. , 19 .
* This amount may be paid to the Assistant Returning Officer in cash, or be remitted to him by postal note or money order made payable to “The Assistant Returning Officer for the Subdivision of..............”.
FORM 27. Regulation 99 (2).
Form of Consent to be Used by an Elector Who Desires to have His Case dealt with by the Returning Officer for the Northern Territory.
To the Assistant Returning Officer for the above-named Subdivision.
I,.............., of.............., enrolled as an elector on the roll for the above-named Subdivision, having failed to vote at the election held under the provisions of the Commonwealth Electoral Act, on.........., the.............. day of................, 19..., and having been notified by you that the reason given by me for such failure to vote is not, in your opinion, a valid and sufficient reason for such failure, do hereby notify you that I consent to have the matter dealt with by the Returning Officer for the Northern Territory, and to abide by his decision.
I enclose herewith the sum of.........., and I agree that the said sum may be appropriated in payment or part payment of any penalty (not exceeding Two pounds, without costs) which the Returning Officer may impose upon me.
Personal Signature of Elector
I, the undersigned, being an elector, or a person qualified to be an elector, of the Northern Territory, certify that I have seen the above-named elector sign the above form.
Signature of witness (in own handwriting)............................................
Occupation................................
Address.....................................
Date................................., 19.................
[
Commonwealth Electoral Papers Only....................................................................... Post Free
M.................................................
...........................................................
FORM 28. Regulation 101.
[
Commonwealth of Australia.
The Commonwealth Electoral Act.
The Northern Territory Representation Act.
The Northern Territory.
Subdivision of
No. on roll
To the elector whose name appears on the back hereof.
You are notified that, pursuant to your
notification of consent dated the ............. day of................, the
Returning Officer for the Northern Territory has dealt with the matter of your
contravention of paragraph (
The deposit made by you has been appropriated in
payment (
Assistant Returning Officer for the Subdivision of
Address................................
Date........................................ ,19 .
[
Commonwealth Electoral Papers Only. Post Free.
M............................................
...........................................................
...........................................................
FORM 29. Regulation 105 (1).
Commonwealth of Australia.
The Northern Territory.
The Commonwealth Electoral Act.
The Northern Territory Representation Act.
In the Police Court
at.......................
Between........................................................................ Informant or Complainant.
and.......................................................................... Defendant.
I,.............................................................. , of....................................... , Assistant Returning Officer for the Northern Territory........................................... do solemnly and sincerely declare:—
(1) That I am the Assistant Returning Officer for
the Subdivision of ................, and am the (
(2) That the defendant on the.......... day of.............., 19.., was enrolled as an elector on the electoral roll for the................. .Subdivision of the Northern Territory.
(3) That the paper writing on the back of this declaration contains a true extract from the list prepared and endorsed by me under the provisions of the said Act and of the Regulations made thereunder.
And I make this declaration by virtue of the
Declared at...................... the.................. day of..................................... ,19 .
Before me.......................................................
Note.—Any person who wilfully makes a false statement in a Statutory Declaration is guilty of an indictable offence, and is liable to imprisonment, with or without hard labour, for four years.
A Statutory Declaration may be made before—
(i) A Police, Stipendiary, or Special Magistrate, or a Justice of the Peace; or
(ii) A Commissioner for Affidavits; or
(iii) A Commissioner for Declarations; or
(iv) A Notary Public.
“COMMONWEALTH OF AUSTRALIA. Form 30.
Regulation 105 (1). The Northern Territory.
The Commonwealth Electoral Act. The Northern Territory Representation Act.
Subdivision of
Extract from LIST OF THE NAMES AND DESCRIPTIONS OF THE ELECTORS ENROLLED FOR THE ABOVE-MENTIONED SUBDIVISION WHO DID NOT VOTE AT THE ELECTION HELD ON.............................., the.....................................................................
No. on roll. | Name and Description of Elector— | Notification to Elector.
Sub-section (4.), Section 128a | Elector’s Reply. | Further action under Regulation 75c. | Subsequent proceedings (if any). | ||||
Date to be in hands of Assistant Returning Officer. | Whether received by
Assistant Returning Officer. ( | Whether reason stated in reply is, in the opinion of the Assistant Returning Officer, a valid and sufficient reason for failure to vote. | Notification to Elector that reply is not considered a valid and sufficient reason for failure to vote. Date sent. | Consent of Elector to matter being dealt with by the Returning Officer. | |||||
Date to be in hands of the Assistant Returning Officer. | Whether received by
Assistant Returning Officer. ( | ||||||||
(1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | (9) | (10) |
(
Assistant Returning Officer
for the Subdivision of
Section 128a (11.)
of the
(
a )the names of the electors who did not vote at the election;(
b ) the names of the electors from whom or on whose behalf the Assistant Returning Officer received, within the time allowed under sub-section (5.) of this section, forms properly filled up and signed; and(
c ) the names of the electors who failed to reply within that time;
and any extract therefrom, certified by the Assistant Returning Officer under his hand, shall in all proceedings be prima facie evidence of the contents of such list or extract, and of the fact that the electors whose names appear therein did not vote at the election, and that the notice specified in sub-section (4.) of this section was received by those electors, and that those electors did or did not (as the case may be), comply with the requisitions contained in the notice within the time allowed under sub-section (5.) of this section.”
Form 31. Regulation 54.
Writ for the Election of a Member of the House of Representatives for the Northern Territory.
The Commonwealth Electoral Act.
The Northern Territory Representation Act.
Commonwealth of Australia.
His Majesty the King.
To Returning Officer for the Northern Territory.
Greeting.
We command you that you cause election to be made according to law of one Member of the House of Representatives for the Northern Territory; to serve in the Parliament of our Commonwealth of Australia, and we appoint the following dates for the purposes of the said election :—
1. For nomination the day of 19 .
2. For taking the poll at the different polling places in the event of the election being contested the day of 19 .
3. For the return of the writ on or before the day of 19 .
Witness [
By His Excellency’s command,
Form 32. Regulation 124.
Commonwealth of Australia.
The Commonwealth Electoral Act.
The Northern Territory Representation Act.
Undertaking to be Made by Officers and Scrutineers.
I [
Signature—
Dated the day of 19
Witness to signature—
Form 33. Regulation 126
Commonwealth of Australia.
The Northern Territory.
The Commonwealth Electoral Act.
The Northern Territory Representation Act.
Form of Withdrawal by Candidate of Consent to Nomination.
To the Returning Officer for the Northern Territory—
I [
[
Dated at [
Witness—
Note.—To be signed in the presence of the Officer with whom the nomination was lodged or of a Justice of the Peace.
———
Modifications and adaptations of the
Section of Act. | Manner of Modification or Adaptation. |
5 | For definition of “Justice of the Peace” substitute following definition:— |
| |
| |
Omit from definition of “Registrar” the word “Divisional”. | |
Omit from definition of “Returning Officer” the word “Divisional”. | |
In definition of “Subdivision” substitute “the Territory” for “a Division”. | |
94 | For “a Divisional” substitute “the”. |
98 | From sub-section (2.) omit “Divisional”. |
128a | For “Divisional” (wherever occurring) substitute “Assistant”. |
| |
| |
144 | For “twenty days” substitute “forty days”. |
For “State or Division for which the election is to be held” substitute “Territory”. | |
151 |
|
152 | For “Commonwealth Electoral Officer for the State” substitute “Returning Officer”. |
In sub-section (4.), after “State”, insert “and the Northern Territory”. | |
153 | For “Commonwealth” substitute “the Northern Territory”. |
| |
164 |
|
176 | After “State” insert “or of the Northern Territory” . |
210 |
|
212 | Omit “Divisions and”. |
For “any State” substitute “the Northern Territory”. | |
For “one State to any other” substitute “the Northern Territory to a”. |
Printed and Published for the Government of the Commonwealth of Australia by H. J. Green, Government Printer for the State of Victoria.
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